Conciliation and Arbitration Act 1966 (Cth)

Conciliation and Arbitration

No. 64 of 1966

An Act to amend the Conciliation and Arbitration Act 1904–1965 in relation to Judges of the Commonwealth Industrial Court and Presidential Members of the Commonwealth Conciliation and Arbitration Commission.

[Assented to 29 October 1966]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Conciliation and Arbitration Act 1966.

(2.) The Conciliation and Arbitration Act 1904–1965 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Conciliation and Arbitration Act 1904–1966.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3. Section 4 of the Principal Act is amended by adding at the end of sub-section (1.) the following definition:—

“‘The Trade Practices Tribunal’ means the Trade Practices Tribunal established under the Trade Practices Act 1965-1966.”.

4. After section 10 of the Principal Act the following section is inserted:—

Service of presidential member as President or Deputy President of Trade Practices Tribunal.

“10a. Where a presidential member of the Commission has during any period, whether before or after the commencement of this section, served as the President, or as a Deputy President, of the Trade Practices Tribunal, then, for the purposes of this Act or of any other Act, the presidential member shall not be taken, by reason of his having so served, not to have been serving during that period as such a presidential member.”.

Constitution of Court.

5. Section 98 of the Principal Act is amended by omitting from paragraph (a) the word “four” and inserting in its stead the word “six”.

 

6. After section 103a of the Principal Act the following section is inserted:—

Effect of appointment of Judge as President or Deputy President of Trade Practices Tribunal.

“103b.—(1.) Where a Judge has during any period, whether before or after the commencement of this section, served as the President, or as a Deputy President, of the Trade Practices Tribunal, then, for the purposes of this Act or of any other Act, the Judge shall not be taken, by reason of his having so served, not to have been serving during that period as a Judge.

“(2.) A Judge who holds office as the President, or as a Deputy President, of the Trade Practices Tribunal is not qualified, while so holding office, to exercise, or to take part in the exercise of, any jurisdiction of the Court under the Trade Practices Act 1965